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-   -   Bias alj (https://www.neurotalk.org/social-security-disability/184315-bias-alj.html)

Rayandnay 02-21-2013 10:45 PM

Bias alj
 
Quote:

Originally Posted by ginnie (Post 959267)
If you are going to a psychiatrist, he or she can also write to the effect that you have mental issues. Each doctor that you see, should write a letter stating your disability, also all the people who know you. The more you have stacked in your favor the better. Your age did hurt you. I started the process at 55, and just squeeked by with quarters worked. I had lost quarters, taking off for medical reasons. Little luv is also correct, starting the process from 55 may help you. Do post to the SSD forum and see what others can recommend to you. You will be in my thoughts and prayers. None of this is easy. ginnie:grouphug:

Both my doctors have submitted Rfc forms, I just got word today my case is being looked at for second time for possible otr. I wonder if writing my senator, my congressman, Michael Astrue, The President, the appeals council, and local social security office had any effect

ginnie 02-22-2013 08:15 AM

Hi Ray
 
I am not talking about a form to submit from your doctors. I am talking about a personal letter, to go with that form. This is your doctors opinion worded in another way, to help your case. At my last hearing, it was my doctors personal letter that was brought up at the court, not the forms, not the rest of the stuff submitted. It was so potent, he read part of it outloud. I was granted the disability on the spot. Even my lawyer was surprised at how it affected the judge. There were also two in there who represented the state, they had nothing to add. This was after 4 years of denials. Those personal letters came from every person I knew, and every doctor I had. In my opinion this helped my case more than all the evaluations in the world. Doc. took a personal interest in what was happening to me. I also went to congressmen and every other soul I could think of. I sure hope you get the help you need. ginnie

bretd 02-22-2013 11:36 AM

Quote:

Originally Posted by Rayandnay (Post 959351)
Both my doctors have submitted Rfc forms, I just got word today my case is being looked at for second time for possible otr. I wonder if writing my senator, my congressman, Michael Astrue, The President, the appeals council, and local social security office had any effect

I am still trying to figure out how to have the judge that I had investigated, I have ask my congress person about it more than once and they dont give me a answer, when I figure it out I will let you know.

echoes long ago 02-22-2013 12:21 PM

Ginnie is giving you good advice. I had my pulmonary doctor and neurologist write letters and i was approved at the alj hearing on the spot. it really does help in some cases.

finz 02-22-2013 10:25 PM

Quote:

Originally Posted by Rayandnay (Post 959018)
If a alj doesn't listen to social security own doctors, discounts your doctors, what chance does a person have?


I'm sorry that you are going through this.

I don't mean to sound too nosy about your whole medical history and symptoms, but I am especially curious what the SSDI docs said about your condition and ability to work. If you feel comfortable discussing that portion of your case, without disclosing too much, I'd be interested to hear that. I agree with you on not understanding how an ALJ could discount that part of your documentation.

Rayandnay 02-22-2013 11:23 PM

Bias alj
 
Quote:

Originally Posted by finz (Post 959742)
I'm sorry that you are going through this.

I don't mean to sound too nosy about your whole medical history and symptoms, but I am especially curious what the SSDI docs said about your condition and ability to work. If you feel comfortable discussing that portion of your case, without disclosing too much, I'd be interested to hear that. I agree with you on not understanding how an ALJ could discount that part of your documentation.

That's just it, they said based on their examine, my depression is severe, the appeals council repeatedly questioned why no weight was not given to their opinion in their remand order.

finz 02-23-2013 11:01 AM

Quote:

Originally Posted by Rayandnay (Post 959762)
That's just it, they said based on their examine, my depression is severe, the appeals council repeatedly questioned why no weight was not given to their opinion in their remand order.


If they only discussed that your depression is severe, without explaining WHY that means you can't work, THAT is the problem. The diagnosis doesn't keep you from working. How your symptoms affect your abilities might keep you from work. If the SSDI doc didn't explain what your limitations are, the judge doesn't have more proof of a disability from him.

Again, you shouldn't disclose more than you are comfortable with......I'd be curious to see exactly what the SSDI doc wrote if you posted it here, BUT you could also just say, "No, he explained all of that very well, it still didn't make a difference."

Rayandnay 02-23-2013 03:14 PM

Bias alj
 
Quote:

Originally Posted by finz (Post 959857)
If they only discussed that your depression is severe, without explaining WHY that means you can't work, THAT is the problem. The diagnosis doesn't keep you from working. How your symptoms affect your abilities might keep you from work. If the SSDI doc didn't explain what your limitations are, the judge doesn't have more proof of a disability from him.

Again, you shouldn't disclose more than you are comfortable with......I'd be curious to see exactly what the SSDI doc wrote if you posted it here, BUT you could also just say, "No, he explained all of that very well, it still didn't make a difference."

There's a lot more to their report, but that's the conclusion to the matter, the point is, that's their doctors, that's their analysis, who do I go to after them, a doctor who the alj picks out, who will read from a script prepared by the alj. At 57, who wants someone who needs 4 days off, and needs to lay down most of the day. There's a reason they call it Medical-Vocational Allowance, their own rules.

Rayandnay 02-23-2013 03:18 PM

Bias alj
 
Quote:

Originally Posted by bretd (Post 959504)
I am still trying to figure out how to have the judge that I had investigated, I have ask my congress person about it more than once and they dont give me a answer, when I figure it out I will let you know.

Google Queens, Ny lawsuit against bias aljs, this is a groundbreaking settlement because no one has ever dared to try this.


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